9th Circuit Denies Porch.com Motion to Stay TCPA Mandate

A three-judge panel at the 9th Circuit U.S. Court of Appeals voted to deny the Nov. 23 motion of defendant-appellee Porch.com to stay the 9th Circuit’s Oct. 12 mandate reversing a lower court’s dismissal of a Telephone Consumer Protection Act class action. Judges William Fletcher and Daniel Bress voted to deny the motion, and Judge Sandra Ikuta voted to grant it, said their order Tuesday (docket 20-35962). Porch.com sought the stay to allow for filing a petition for writ of certiorari to the Supreme Court. In reversing the lower court’s dismissal, the 9th Circuit ruled cellphones are “preemptively residential” even when used for both personal and business purposes, and that businesses are “entities” under the TCPA, giving them standing to sue over TCPA violations (see 2210130080).